Severance Package | MacLeod Law Firm

Notice of Termination: Appeal Court Weighs in

MacLeod Law Firm — Wed, 09 Nov 2022 17:05:02 +0000

When terminated, an employee should generally receive reasonable notice of termination or pay instead of notice. This is unless the employee has signed a contract that contains an enforceable termination clause (which we’ve written about here). The calculation of the employee’s notice period is based on the specific facts of each employee, such as their position, length of service, age…

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Why You Should Get Your Severance Package Reviewed

MacLeod Law Firm — Tue, 09 Feb 2021 20:23:40 +0000

Why You Should Get Your Severance Package Reviewed Your manager brings you into the boardroom where HR is present (or invites you to a Zoom meeting!). You are then told you are being let go and handed a severance package. You are likely shocked and the last thing you want to do is pay a lawyer to review it but the cost of this review may be one of the best investments in your life.

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Court Refuses to Enforce Contractual Language Limiting Termination Pay

Doug MacLeod — Tue, 27 Oct 2020 13:39:59 +0000

I have written several blogs on whether wrongful dismissal damages include compensation for the variable compensation the employee would have earned during the applicable notice period. Most cases consider whether the language in a variable compensation plan which purports to limit or eliminate the employee’s entitlement to variable compensation during the notice period is enforceable.

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Judge Refuses to Enforce an Amended Employment Contract

Doug MacLeod — Tue, 20 Oct 2020 12:39:31 +0000

I have written many blogs on the legal enforceability of employment contracts because judges are increasingly refusing to enforce them and I want employers to be live to this issue. Employers should assume that changes to employment contracts that benefit the employer will be challenged. This blog summarizes a recent case which sets out three reasons why an Ontario judge recently refused to…

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Another Unenforceable Termination Clause Helps Employee Get More Termination Pay

MacLeod Law Firm — Tue, 23 Jun 2020 14:38:26 +0000

Another Unenforceable Termination Clause Helps Employee Get More Termination Pay Very recently, the Ontario Court of Appeal released another decision about employment contract termination clauses that significantly helps employees. If you are interested in previous cases see here and here. What are Termination Clauses? These sections of employment contracts try to limit employee rights when…

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5 Things To Know about Fair Treatment at Work: Contracts, Harassment, Discrimination and more

MacLeod Law Firm — Wed, 18 Dec 2019 13:45:11 +0000

5 Things To Know about Fair Treatment at Work: Contracts, Harassment, Discrimination and more Most people simply want to be treated with fairness, dignity and respect at work. This blog summarizes five things you can do to make sure this happens including discussion on harassment, discrimination, employment contracts and severance packages. 1. A fair employment contract. If you apply for a…

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Battle of the clauses: what does it take for the Court to uphold a termination clause?

MacLeod Law Firm — Wed, 23 Oct 2019 13:20:20 +0000

Two recent Ontario Superior Court of Justice (“the Court”) decisions shed light on what types of termination clauses will be upheld and which will be deemed void and therefore unenforceable. This blog discusses both these decisions. 🅇 Unenforceable termination clause – Groves v UTS Consultants Inc., 2019 ONSC 5605 In Groves v UTS Consultants Inc., the Plaintiff, Wayne Groves (“Mr.

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Court of Appeal finds yet another termination clause to be unenforceable

Doug MacLeod — Tue, 17 Sep 2019 15:01:27 +0000

In the recent decision of Andros v Colliers Macaulay Nicolls Inc., the Ontario Court of Appeal (“OCA”) found yet another termination clause to be unenforceable. In this decision, the OCA reaffirmed and clarified various principles surrounding the enforceability of such clauses. Facts The employee, Demetri Andros, was terminated by a large commercial real estate company Colliers Macaulay…

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What’s in a name? That which we call a release

MacLeod Law Firm — Thu, 21 Mar 2019 21:29:57 +0000

As we’ve written before, when an employee is terminated and offered a severance package, they are almost always asked to sign a release agreement in exchange. A release agreement, as the name suggests, releases the employer from liabilities for employment-related claims. Thus, after an employee has signed a release agreement, if they attempt to sue their employer later on, the release agreement is…

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Is Your Severance Package Fair?

Doug MacLeod — Mon, 25 Feb 2019 20:09:00 +0000

We have reviewed thousands of severance packages. If your employment has recently been terminated and you have been provided with a severance package, then read on. Time Limit to Accept Package Most employers give an employee 5 to 7 days to accept a severance package. If you call us, one of our lawyers can meet you within a day or two. If you call us a day or two before the deadline…

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